State v. Alexander
2013 Ohio 1987
Ohio Ct. App.2013Background
- Alexander pleaded guilty in CR-555041 in Dec 2011 to two counts of drug trafficking; sentenced to two years of community control with conditions and suspended 12 months in prison on each count.
- At the time of plea/sentencing, Alexander was on probation in CR-547970.
- On July 17, 2012, he pleaded guilty in CR-561726 to one count of drug trafficking and one count of attempted retaliation; forfeiture of a bicycle and a cell phone.
- The trial court revoked community control in CR-555041 and sentenced: CR-561726—17 months for each count (concurrent); CR-555041—11 months for each count (concurrent); probation terminated in CR-547970.
- The court ordered the CR-555041 and CR-561726 sentences to be served consecutively for a total of 28 months in prison.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consecutive sentences complied with RC 2929.14(C)(4) findings | State argues record reflects required analysis and rationale. | Alexander argues explicit, separate findings on proportionality were not stated. | Yes; record shows analysis and selection of criteria supporting consecutive sentences. |
Key Cases Cited
- State v. Goins, 8th Dist. No. 98256, 2013-Ohio-263 (2013-Ohio-263) (analysis of RC 2929.14(C)(4) factors suffices when findings are reflected in record)
- State v. Edmonson, 86 Ohio St.3d 324, 1999-Ohio-10 (1999-Ohio-10) (high court on memorializing sentencing analysis)
- State v. Johnson, 8th Dist. No. 97579, 2012-Ohio-2508 (2012-Ohio-2508) (requires meaningful review of sentencing findings)
- State v. Drobny, 8th Dist. No. 98404, 2013-Ohio-937 (2013-Ohio-937) (supports inferred compliance with RC 2929.14(C)(4))
- State v. Jackson, 8th Dist. No. 98354, 2013-Ohio-372 (2013-Ohio-372) (illustrates consideration of defendant's history in consecutive-sentence analysis)
- State v. Battle, 8th Dist. No. 98294, 2013-Ohio-816 (2013-Ohio-816) (discusses sufficiency of reasoning for consecutive terms)